A Guide to K-1 Visa (Fiancee Visa) to the US
Fiancee Visa (K1 Visa)
1. What is a fiancée visa?
A fiancée visa or a K-1 Visa to the US is a temporary visa that permits a non-US Citizen to come to the US to marry a US Citizen. This visa allows the visa holder to remain in the US after the marriage while the status is being adjusted from a temporary visa to a permanent resident. The non-US citizen must marry the US Citizen within 90 days.
2. What is the process?
The US Citizen petitions for his/her fiancee by filing the I-129F, the G-325A and the appropriate supporting evidence with the United States Citizen and Immigration Services (USCIS). Once the USCIS approves the petition the file is transferred to the US Embassy in London.
Additional documents (e.g. DS-156 and the DS-156k) must be submitted. Also, the beneficiary will have to undergo a medical examination, which is performed by a doctor that is pre-approved by the Embassy. The results of the examination will be forwarded directly to the Embassy. The beneficiary will also have to provide the Embassy with an ACPO. The ACPO documents a person’s criminal history. Also an I-134 (Affidavit of Support) will have to be submitted to the Embassy. If the petitioner's income is not sufficient another person can submit the Affidavit of Support on behalf of the petitioner. The beneficiary’s income and/or assets will not be taken into account at this stage.
The K-1 visa applicant will have to attend an interview at the Embassy. Some of the requirements the fiancée needs to prove to receive the fiancée visa are:
- The application is based on a bona fide relationship;
- The US Citizen Petitioner will be able to support the beneficiary without recourse to any public benefits; and
- The fiancée visa applicant is of good moral character.
3. How long does it take to get the visa – from the initial application to the granting of the visa?
It takes approximately six months for the USCIS to approve the application. At the London Embassy, it can take up to eight weeks before the person is interviewed. Once interviewed, the Embassy takes up to one week to return the passport with the visa issued in the passport.
4. Can the child of the non-US Citizen obtain derivative visas to the US?
Yes, providing the child is single and has not reached adulthood.
5. Does the non-US Citizen obtain a green card after getting married?
No, the non-US Citizen spouse must apply for an Adjustment of Status. The non-US Citizen spouse has to file form I-485 to adjust their Status from a non-immigrant to a permanent resident after getting married. In addition to the I-485, an Affidavit of Support, form I-864, must also be filed. The US Citizen must demonstrate his/her ability to sponsor the immigrant spouse. A co-sponsor can be used if the income requirement is not met. Once the status has been adjusted, the non-US citizen spouse will obtain a Conditional Green Card, which is valid for two years.
6. Can the non-US citizen work once arriving in the US?
Not immediately. The non-US citizen must first get married. Once married, the non-US Citizen spouse should apply for Work Authorization with the Adjustment of Application. Once the non-US Citizen’s Work Authorization application has been approved, he or she can legally work in the US.
7. How long does it take to adjust the status to permanent residence?
The adjustment process may take up to one year. During this process, the applicant should not travel outside the US without the prior consent of the Department of Homeland Security.
8. What pitfalls do K-1 Visa or Fiancee visa applicants face?
They face two primary pitfalls. The first pitfall is getting the application approved and the second pitfall comes when the fiancée visa beneficiary goes to the Embassy for the interview.
The US citizen sponsoring the fiancée must demonstrate that this relationship is a bona fide relationship. To get the application approved, the proper supporting evidence must be submitted. The application lacking this evidence will cause undue delay, if not a denial.
The second pitfall arises when the beneficiary goes to the Embassy for the interview. Only after this stage will the visa be issued. The beneficiary must demonstrate to the Embassy official that he or she is not using the fiancée visa as a means to emigrate to the US. Therefore, the person must be prepared for the interview. The preparation is not just for the interview itself but also in having the necessary supporting evidence for your interview.
9. Why use an US attorney based in England rather than an attorney in the US?
Although there are numerous benefits to using a US attorney based in England, the main advantage is the ease of communication between you and the attorney. There is no time difference between you and the attorney. Also, you can meet with the attorney in person rather than communicating by emails and phone.
10. Why use a lawyer instead of doing it yourself?
Successful visa applications are not just about submitting applications provided by the USCIS. Applications get approved on the supporting documents and evidence that are provided for each petition or application. Submissions that lack the appropriate documents will cause undue delay and possibly even result in denials. Appeals will not only become more expensive but result in undue delay of months. Visa denials mean that the applicant will no longer be able to travel under the Visa Waiver Scheme.
11. Why use Irwin Mitchell?
Experienced lawyers at Irwin Mitchell will assist you in preparing the application and for the interview at the Embassy. As part of the service Irwin Mitchell will provide a Letter of Support that explains in detail why the application should be approved and the visa issued. The team at Irwin Mitchell will also prepare you for the interview by giving you mock interviews.
Please contact our offices at 0121 214 5453 to discuss your matter with a member of the US Immigration team.